The Winkfield [1902] P 42
Claim by Postmaster-General (as bailee of mail) when mail is lost in shipping accident
Decision by CA confirms …
Bailee can recover for full value of the goods
Bailee must account to bailor if damages recovered exceeds bailee’s interest in goods
Bailee’s action against 3rd party does not depend on its liability to bailor, but on bailee’s possessory title
If bailee recovers from 3rd party bailor cannot sue 3rd party, and vice versa
Relevance of bailment
Do we need bailment within the modern law?
Sandeman Comprimar SA v Transitos y Transportes Integrales SL [2003] EWCA Civ 113, [2003] QB 1270, Lord Phillips MR at para 63
Overlap with contract and place of collateral contracts
Michael Bridge, Personal Property Law (OUP 2015), 68
‘The adoption of an independent doctrine of bailment on terms does not add anything useful ... ’
Gerard McMeel, ‘The redundancy of bailment’ [2003] LMCLQ 169
As the title suggests ...